In re the Estate of Pearsons

Citations

• 98 Cal. 603
• 33 P. 451
• 1893 Cal. LEXIS 963

Syllabus

<p>Estates of Decedents—Confirmation of Sale under Power in Will—Appeal-able Obdeb. —An order of the probate court confirming a sale of real property belonging to an estate made under a power of sale contained in the will of the' decedent, and directing a conveyance to be made to the purchaser, is an appeal-able order.</p> <p>Id. — Objections by Purchaser to Confirmation of Sale—Appeal—“Party Aggrieved.”—A purchaser of property of an estate at a sale thereof by the executor, made under a power of sale in the will of the decedent, has a right to file objections to a confirmation of the sale by the probate court, and is a party “aggrieved” by an order of the court confirming the sale and directing the making of a conveyance, and is entitled to appeal from such order.</p> <p>Id. —Construction of Will—Power of Sale by Exeoutob. —A will which gives, in the first clause thereof, to the aunts of the testator certain real property described therein, and which gives to them in the succeeding clause “all real property which I hold jointly with them,” and directs in the same clause that in the event of the death of either of them prior to his own, “all property of whatever nature herein bequeathed to them shall revert to and vest in the survivor, her heirs, and assigns forever”; and that in the event of the death of both of them prior to his own, “ the aforesaid property otherwise bequeathed to them shall be sold at public auction,” and the proceeds divided equally among certain orphan asylums, and in another clause gives them a residuary bequest of all the remainder of his property, “subject to the reversion before stated,” authorizes the executor upon the death of both of the aunts prior to that of the testator to sell “ all property of whatever nature” which would have been taken by the aunts in case they or either of them had survived him, and does not limit the sale to the property specified therein as that “ which I hold jointly with them,” and a sale of the property des